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Project Details: By entering your address, you certify that you are the owner of this property.

Agreement

Please read the agreement carefully before proceeding to payment.

EXCLUSIVE LISTING AGREEMENT

  1. THIS AGREEMENT confirms that ("Owner") has appointed and grants to HighRiseNY("Listing Broker") the exclusive right to sell Property located at (the “Property").
  2. PURPOSE: Owner desires to sell the real property ("Property") with address stated above and hereby engages Listing Broker to exclusively list and sell the property on behalf of the owner.
    • Owner represents and warrants to Listing Broker that he/she is the owner of the Property and is fully authorized to sell the Property and to enter into this Agreement. Owner represents and warrants to Listing Broker that the maintenance charges and number of shares (or common charges and real estate taxes) for the Property, if applicable, will be accurately reflected in any contract for the sale of the Property.
  3. PERIOD OF AGREEMENT
    • This Agreement shall start immediately on and shall expire at midnight on . This agreement may be cancelled at any time with 30 days notice but not prior to the duration of at least one month of this agreement.
  4. PRICE AT WHICH PROPERTY WILL BE OFFERED AND AUTHORITY
    • The Property will be offered for sale at a list price of $and shall be sold, subject to negotiation, at such price and upon such terms to which Owner may agree.
    • Monthly maintenance/ common charges Property are
    • The real estate taxes, if applicable are


      Listing broker is entitled to and owner shall pay one time activation fee of $499 . The payment of this activation fee is due on, or before the start date of this exclusive agreement. The professional package service is a listing service for the duration of 6 months. The professional package service can be canceled with 30 days written notice request by the owner but not prior to the duration of at least one month of this agreement. In the event the owner cancels this exclusive agreement before the end of the original 6 months agreement expires then listing broker is entitled to retain the activation fee. In the event the property is not sold within the 6 months period, then listing agent will fully refund the activation fee to owner within 30 days period.In the event of direct sale of the property without the involvement of another company real estate agent, listing broker's commission to be paid by the owner in connection with a sale of the property will be equal to one percent (1%) of the gross sales price of the property including any portion of such sales price attributable to fixtures, equipment and personal property within or associated with the Property, whether such sale is affected by Listing Broker or by Owner. In the event that Owner becomes legally entitled to retain any contract deposit paid to Owner during the term of this Agreement, Owner shall pay one percent (1%) of that amount to Listing Broker. This payment shall be nonrefundable, provided, however, that it shall be credited toward the partial satisfaction of any greater commission that may later become due hereunder. Owner authorizes listing broker to solicit cooperation from Buyer’s Agents and offer compensation to such In the event that a sale of the Property shall be affected by another licensed real estate broker(Buyer’s agent) who brings in and represents solely a buyer then Owner shall pay to Listing agent one full commission of 3% of the gross sales price of the Property and upon receipt of such full commission, listing agent shall pay the outside broker(s)pursuant to separate agreement where 2.5% will compensate buyer’s agent and 0.5% of such commission will be retained by Listing Agent.However, in no event shall the total commission paid by Owner pursuant to this agreement exceed 3% of the gross sales price of the Property.Payment of the commission shall be dispensed from the proceeds paid to the Owner at the closing and shall be in the form of a certified check or attorney's trust check. Any commission due to a Buyer's Agent shall be paid directly to the Buyer's Agent. If Owner willfully fails to close on the Property, after a contract of sale is fully executed, then Buyer's Agent shall be entitled to a full commission, in accordance with this schedule above. read more
      Listing Broker and Owner Obligations


      Owner shall provide listing broker with all information requested and said information shall be completed in full by the owner. Owner represents that the information is true and accurate to the best of owner’s knowledge.Owner understands that the listing broker does not conduct any further investigation of the property to verify the information provided by the owner and listing agent is not responsible for any inaccuracies.
      Owner acknowledges that it has not disclosed any material facts about the Property to Listing Broker and that Owner shall indemnify, defend and hold Listing Broker harmless from and against any and all claims, actions, damages,liabilities, losses, costs or expenses, including, without limitation,attorneys’ fees, court costs and expenses, brought against or incurred by Listing Broker as the result of any representation or warranty made or deemed made by Owner to any purchaser, prospective purchaser of the Property or by Owner’s failure to disclose in writing to any such purchaser, prospective purchaser or lessee any fact, circumstance or condition which affects the Property.

      Listing Broker and Owner agree that Listing Broker will immediately submit the Property listing to MLS, for dissemination to its Members and Participants.Owner authorizes listing broker to report to the MLS this listing information and price, terms and financing information. Listing Broker agrees to provide to owner full real estate brokerage services including the following: prepare comparative property analysis, take professional photographs of the property,offer the Property for sale; advertise it, hold open houses(4) or more if needed, follow up with clients, and negotiation on behalf of the Owner and submit all offers to the Owner as appropriate. Listing Broker is authorized by the Owner to advertise the property using different channels of marketing and advertising and agrees to list the Property on MLS( multiple listing service),HighRiseNY.com, and other websites including but not limited to StreetEasy.com, Zillow.com, Trulia.com,. Owner authorizes Agent to create and direct all advertising and marketing. Owner agrees that no other parties advertising or marketing, including listings on the Internet, will be permitted during the length of this agreement. Owner gives right to listing broker to advertise the listing information in any medium or media including electronic formats and included but not limited to the Internet.In the event the Property does not sell within this listing agreement period,Listing broker agrees that within ten (10) business days shall deliver to Owner a list with the names of all persons who inspected the Property during the Term. If within one (1) year after the expiration of the Term a contract is signed to sell or lease the Property to a person on said list, Listing agent shall be entitled to the commission provided for in this Agreement.

      Any controversy or claim arising out of or relating to this Agreement or breach of performance thereof shall be settled by arbitration (by three arbitrators) in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court in the State of New York having jurisdiction there over. Any such arbitration shall take place in the State of New York, City of New York, and County of New York. In the event that Listing Broker does not elect to arbitrate, then any action brought pursuant to this Agreement or arising in connection therewith shall be brought in any court within the State, City and County of New York with jurisdiction there over and the parties hereto hereby agree to the exclusive jurisdiction of such courts. This Agreement shall bind and benefit the personal representatives, successors and assigns of the parties hereto. This Agreement, which constitutes the entire agreement between Owner and Listing Broker, may not be changed, rescinded or modified except in a writing signed by both parties hereto.
      You hereby acknowledge that HighRiseNY has informed you of your obligations under the Lead Paint Disclosure Law (42 U.S.C. 4852(d)) and that you are aware of your responsibility to ensure compliance therewith.

      You hereby acknowledge that HighRiseNY has informed you of the FAIR HOUSING ACT which states the following: The Civil Rights Act of 1968 known as the Federal Fair Housing Law makes illegal any discrimination based on race, color, religion, sex or national origin in connection with the sale of rental of housing. The 1988 amendment to this Act (The Fair Housing Amendment Act of 1988) expands the coverage of this law to handicapped persons and families with children. Agent and Owner agree to comply fully with the State and local status and Federal Fair Housing laws.

      You hereby acknowledge that highRiseNY has informed you of the difference between “Exclusive Right to sell” listing and “Exclusive Agency” listing. An ‘exclusive right to sell” listing means that if you, the owner of the property find a buyer for your house, or if another broker finds a buyer, you must pay the agreed commission to the present broker. An ‘exclusive agency” listing means that if you, the owner of the property find a buyer, you will not have to pay a commission to the broker. However, if another broker finds a buyer, you will owe a commission to both the selling broker and tour present broker.


Date


Owner's Initials

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